Unpaid Wages and Overtime Claims - Austin
An Austin employment lawyer with our employment law firm can assist you in bringing a claim against your employer for unpaid wages and overtime. Employees have the right to be paid appropriately for completed work. This includes the right to receive a minimum wage and applicable overtime pay. Federal and state laws require employers to follow strict guidelines when paying employees. If your employer does not pay you correctly, contact an Austin employment lawyer in our office today and schedule a consultation.
The Fair Labor Standards Act ("FLSA") is the federal law that requires employers to pay employees a minimum wage. Although there has been a push to increase the federal minimum wage, it is currently $7.25 an hour. Many states and cities across the country have increased the minimum wage in their territory. However, the minimum wage across Texas, including Austin, is currently $7.25 an hour. Contact an Austin employment lawyer in our office if you would like to discuss a potential claim for unpaid wages.
In addition to setting a minimum wage, the FLSA mandates that employers pay most employees, with limited exception, an overtime rate for every hour worked over 40 hours a week. Employers commonly take advantage of employees by paying them a salary and not paying overtime wages. However, it is the law and not the employer that mandates which employees can be paid a salary and which employees must be paid overtime wages. For example, even if an employee agrees to be paid a salary, the employee may later bring a claim for unpaid overtime wages if the employee is covered by the FLSA.
Claims for unpaid wages can become complicated and vary from case to case. If you would like to discuss a claim for unpaid overtime, contact an Austin employment lawyer in our office today.Exemptions from Overtime Wages Under the FLSA
Under the FLSA, employers must pay most employees overtime wages for every hour worked over 40 hours a week. However, there are some exceptions to this requirement. One common exception is for employees who manage two or more employees. Typically, these employees can be paid on a salary basis. Another exception is for employees who are high-level administrators or executives. This does not mean administrative assistants. Administrative assistants should, almost always, be paid overtime wages. Trained or certified computer professionals are commonly part of an exception from being paid overtime wages. This is not a complete list of exceptions to the FLSA.
Although many employees are exempted from being paid overtime wages, most Austin employees should be paid on an hourly basis and receive appropriate overtime wages. This area of law is complicated, and the application of the law changes depending on the facts of each claim. Contact our office today to schedule a consultation with an Austin employment lawyer.Claims for Unpaid Wages With the Texas Workforce Commission
State law provides an alternative avenue for bringing a claim for unpaid wages, including failure to pay minimum wage or overtime. Under state law, the Texas Workforce Commission has the ability to investigate and resolve certain wage claims in Texas. Generally, these claims must be filed within 180 days of the violation. There are numerous things to consider before deciding to file a claim through the Texas Workforce Commission. Contact an Austin employment lawyer in our Austin office if you would like to discuss your matter prior to filing a complaint with the Texas Workforce Commission.
Contact an Austin employment lawyer in our office to schedule a consultation. Our Austin office is by appointment only. Our law firm handles claims for employment discrimination, workplace retaliation, wrongful termination, hostile work environment, unpaid wages, and numerous other employment-related issues.